Recinos v. Chase Bank

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA TIFFANY RECINOS, CASE NO. 3:23-cv-05643-BHS Plaintiff, ORDER 9 v. CHASE BANK, 11 Defendant.

13 THIS MATTER is before the Court on Magistrate Judge David W. Christel’s Report and Recommendation (R&R), Dkt. 7, recommending that the Court deny pro se plaintiff Tiffany Recinos’s application for leave to proceed in forma pauperis, and dismiss her complaint without prejudice, and without leave to amend. Recinos has not objected to the R&R. 18 A district judge must determine de novo any part of a magistrate judge’s proposed disposition to which a party has properly objected. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). A proper objection requires specific written objections to the findings and recommendations in the R&R. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

3 Judge Christel’s R&R details the issues with Recinos’s proposed complaint, including her failure to state a plausible claim against Chase Bank or Insurance Commissioner Kreidler.

6 As the Court has informed Recinos in other cases, it will address in a separate order whether Recinos should be barred under 28 U.S.C. § 1651(a) from further vexatious, harassing, and duplicative filings in this District, absent a pre-filing showing of imminent danger to herself or her property. Recinos will have an opportunity to address that issue before any such order is entered.

11 The R&R is ADOPTED, Recinos’s application to proceed in forma pauperis is DENIED, and the matter is DISMISSED without prejudice and without leave to amend.

14 The Clerk shall enter a JUDGMENT and close the case.

15 IT IS SO ORDERED.

16 Dated this 7th day of September, 2023.

A BENJAMIN H. SETTLE United States District Judge